Download or read book The Politics of Law and Stability in China written by Susan Trevaskes and published by Edward Elgar Publishing. This book was released on 2014-07-31 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Law and Stability in China examines the nexus between social stability and the law in contemporary China. It explores the impact of Chinese Communist Partyês (CCP) rationales for social stability on legal reforms, criminal justice opera

Download or read book The Stability Imperative written by Sarah Biddulph and published by UBC Press. This book was released on 2015-06-05 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Stability preservation” (weiwen) has long been an imperative of China’s one-party state. At the same time, China has recently embedded a commitment to the protection of human rights in its constitution. This book examines the multiple and shifting ways in which weiwen impinges on the implementation of human rights. Using case studies, Sarah Biddulph methodically examines the state’s response to labour unrest, medical disputes, and forced housing evictions. As she demonstrates, the state’s reaction can vary from taking steps to ameliorate the underlying causes of the citizens’ grievances to the repression of rights-related protests and the punishment of protestors. The Stability Imperative: Human Rights and Law in China reveals how the systematic failure of the legal system to protect rights coupled with an overemphasis on coercive forms of stability preservation is undermining the authority of law in China and could, ultimately, damage the Communist Party’s leadership.

Download or read book Law and the Party in China written by Rogier J. E. H. Creemers and published by Cambridge University Press. This book was released on 2021-01-07 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Xi Jinping era, it has become clear that the rule of law, as understood in the West, will not appear in China soon. But was this ever a likely option? This book argues China's legal system needs to be studied from an internal perspective, to take into account the characteristic architecture of China's Party-state. To do so, it addresses two key elements: ideology and organisation. Part One of the book discusses ideology and the law, exploring how the Chinese Communist Party conceives of the nature of law and its position within its broader range of policy tools. Part Two, on organisation and the law, reviews how these ideological principles manifest themselves in the application of law, as well as the reform of the Party-state. As such, it highlights how the Party's plans and approaches run counter to mainstream theoretical expectations, and advocates a greater attention to the inherent logic of the system itself.

Download or read book Value Changes And Regime Stability In Contemporary China written by Wei Shan and published by World Scientific. This book was released on 2020-11-04 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive examination of value changes of Chinese citizens, especially the younger generation, and how the Chinese authorities take efforts to adapt to such changes and refine its social control mechanisms. The book discusses three related themes through a series of topics. The first theme examines the changes in political attitudes and values among Chinese youths, comparing them to the older generations in the mainland and their contemporaries in Hong Kong and Taiwan. The second theme focuses on the recent development of social unrests, new pursuits that emerged in the Chinese society, and new means adopted by the Chinese protestors. The third theme touches on the responses of the party-state under the Xi Jinping administration, and how it has sophisticatized the machine of social control. With these three themes, this book also adds on to the understanding of regime stability of the Communist system in China, and how this system handles a variety of challenges brought about by dramatic social changes.

Download or read book Law and Politics in Modern China written by Sharron Gu and published by Cambria Press. This book was released on 2009 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an original interdisciplinary study of Chinese law, its language, and political institution. Evolving within a complex literary framework over thousands of years, Chinese language has lost its conceptual distinctiveness to its multilevel and overlapping meanings and connotations. Chinese law has become inflated with contrary rulings and exceptions. This mass of rules requires an extra-lingual (legal) authority to redefine boundaries and specify applications. This book follows and continues the author's, The Boundaries of Meaning and the Formation of Law (McGill University Press) by illustrating how language shapes the formation, application, and administration of law in various cultural environments. Law and Politics in Modern China is an important book for those interested in Chinese history, culture, law, and politics. It also provides refreshing insights about the way that law continues to function after its language matures and creates contradictions and loopholes within its system of rules--one of the most important issues facing Western legal administration in the immediate future.

Download or read book Democracy and the Rule of Law in China written by Keping Yu and published by BRILL. This book was released on 2010-05-20 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy and the Rule of Law in China is intended to make available to English-language readers debates among prominent Chinese intellectuals and academics over issues of political, constitutional, and legal reform; modes of governance in urban and rural China; and culture and cultural policy. China’s unprecedented economic development following the implementation of the Reform and Opening policy has drawn widespread international attention; yet accompanying political developments have been largely overlooked. A compilation of the works of twelve contemporary Chinese scholars, this book offers unique insights into the wealth of viewpoints and diversity of issues influencing and defining the development of democracy and the rule of law in China. Based on theoretical and practical analyses of China’s political development to date, the authors propose specific models for the expansion of democratic mechanisms already present in the current political structure. Exploring topics ranging from autonomous village governance and grassroots elections to constitutional reform and judicial independence, the authors are unified on one point: China’s political development must pursue a gradual, distinctly-Chinese course in order to promote social stability, continued economic advancement, and the establishment of a socialist democratic society.

Download or read book The Hong Kong Basic Law written by Ming K. Chan and published by Hong Kong University Press. This book was released on 1991-01-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses how China's socialist legal principles are incorporated into the Basic Law, and examines the conflicts in the drafting process between maintaining China's control and achieving genuine democracy and autonomy..

Download or read book In the Name of Justice written by Weifang He and published by Brookings Institution Press. This book was released on 2012-11-05 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of all the issues presented by China’s ongoing economic and sociopolitical transformation, none may ultimately prove as consequential as the development of the Chinese legal system. Even as public demand for the rule of law grows, the Chinese Communist Party still interferes in legal affairs and continues in its harsh treatment of human rights lawyers and activists. Both the frequent occurrences of social unrest in recent years and the growing tension between China’s various interest groups underline the urgency of developing a sound and sustainable legal system. As one of China’s most influential law professors, He Weifang has been at the forefront of the country’s treacherous path toward justice and judicial independence for over a decade. Among his many remarkable endeavors was a successful petition in 2003 that abolished China’s controversial regulations permitting the internment and deportation of urban “vagrants,” bringing to an end two decades of legal discrimination against migrant workers. His bold remarks at the famous New Western Hills Symposium in 2006, including his assertion that “China’s party-state structure violates the PRC Constitution,” are considered a watershed moment in the century-long movement for a constitutional China. With In the Name of Justice, He presents his critical assessment of the state of Chinese legal reform. In addition to a selection of his academic writings, this unique book also includes many of He Weifang’s public speeches, media interviews, and open letters, providing additional insight into his dual roles as thinker and practitioner in the Chinese legal world. Among the topics covered are judicial independence, judicial review, legal education, capital punishment, and the legal protection of free speech and human rights. The volume also offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. A proponent of reform rather than revolution, He believes only true constitutionalism can guarantee social justice and enduring stability for China. "He Weifang has argued for two decades that rule of law, however inconvenient at times to some of those who govern, must be embraced because it is ultimately the most reliable protector of the interests of the country, of the average citizen, and, in fact, even of those who govern."—from the Foreword by John L. Thornton, chairman, Brookings Institution Board of Trustees and Professor and Director of Global Leadership at Tsinghua University "What struck me—and shocked me as a foreign visitor—was not only that the entire discussion was explicitly critical of the Chinese Communist Party for its resistance to any meaningful judicial reform, but also that the atmosphere was calm, reasonable, and marked by a sense of humor and sophistication in the expression of ideas."—from the Introduction by Cheng Li, director of research and senior fellow at the John L. Thornton China Center at Brookings

Download or read book China s Long March Toward Rule of Law written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2002-09-26 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.

Download or read book Authoritarian Legality in China written by Mary E. Gallagher and published by Cambridge University Press. This book was released on 2017-09-07 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence.

Download or read book Law and Justice in China s New Marketplace written by Ronald C. Keith and published by Springer. This book was released on 2001-01-11 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Justice in China's New Marketplace provides the first comprehensive multidisciplinary analysis of the jurisprudence and related law underlying the contemporary Chinese transition to the 'socialist market economy'. New 'pluralized jurisprudence' has moved beyond Marxist class analysis to consider a new balance of values relating to economic efficiency and social justice in the marketplace, and yet the interior debates and perspectives concerning these values are virtually unknown in the Western scholarly literature. By analysing the changing Chinese approach in law to the adjustment of social interests in the context of profound economic change , Law and Justice in China's New Marketplace provides a unique reference tool. It outlines the new vocabulary of market jurisprudence and law and examines new legal thinking on rights protection with reference to widely ranging and often hot internal debate over human rights, property law and procedural or judicial justice.

Download or read book Social Transformation and State Governance in China written by Xianglin Xu and published by Springer Nature. This book was released on 2020-06-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a selection of Chinese political scholar Xianglin Xu’s published works spanning nearly 20 years of research that explore and discuss the socio-economic transition in China under state political reform. Contextualized within the decades following the 80s, the author analyzes patterns observed from empirical studies, and breaks down the underlining reasoning, conditions and functionalities behind the incremental reform policies pushed forward by the Party and government. The collection is broken up into four sections: the first provides a general framework and theoretical / historical introduction to social transition research in the case of China; the second section discusses the underpinning logic behind political reform in China and practical concerns; the third section follows with discussions on reform policy practices within China including application and trajectory; the final section concludes with an analysis of reform within state institutional infrastructure and policy innovation.

Download or read book China s Struggle for the Rule of Law written by Ronald C. Keith and published by Springer. This book was released on 2016-07-27 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'rule of law' is more than the mere existence and application of law within the sphere of state activity. Contemporary Chinese debate on the 'rule of law' underlines the limiting of arbitrary government, the materialisation of 'human rights', legal protection of 'rights and interests' and the principle of equality in the impartial legal mediation of conflicts within society's 'structure of interests'. Based upon China interviews and a comprehensive survey of the domestic press and Chinese-language legal journal materials, this book places pre- and post-Tiananmen Square legal reform in political context. The evolving contents of specific laws across the departments of constitutional, administrative, criminal, civil and economic law are assessed in light of the politics and intellectual dynamic of China's legal circles in their struggle to create a 'rule of law'.

Download or read book China s New Role in African Politics written by Christof Hartmann and published by Routledge. This book was released on 2019-10-21 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's rise to global power status in recent decades has been accompanied by deepening economic relationships with Africa, with the New Silk Road's extension to Sub-Saharan Africa as the latest step, leading to much academic debate about the influence of Chinese business in the continent. However, China's engagement with African states at the political and diplomatic level has received less attention in the literature. This book investigates the impact of Chinese policies on African politics, asking how China deals with political instability in Africa and in turn how Africans perceive China to be helping or hindering political stability. While China officially operates with a foreign policy strategy which conceives of Africa as one integrated monolithic area (with the Forum on China-Africa Cooperation (FOCAC) the flagship of inter-continental cooperation), this book highlights the plurality of context-specific interaction patterns between China and African elites, demonstrating how China's role and relevance has differently evolved according to whether African countries are resource-rich and geostrategically important from the Chinese perspective or not. By looking comparatively at a range of different country cases, the book aims to promote a more thorough understanding of how China reacts to political stability and instability, and in which ways the country contributes to domestic political dynamics and stability within African states. China’s New Role in African Politics will be of interest to researchers from across Political Science, International Relations, International Law and Economy, Security Studies, and African and Chinese Studies.

Download or read book Justice written by Flora Sapio and published by Cambridge University Press. This book was released on 2017-07-27 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claims about a pursuit of justice weave through all periods of China's modern history. But what do authorities mean when they refer to 'justice' and do Chinese citizens interpret justice in the same way as their leaders? This book explores how certain ideas about justice have come to be dominant in Chinese polity and society, and how some conceptions of justice have been rendered more powerful and legitimate than others. This book's focus on 'how' justice works incorporates a concern about the processes that lead to the making, un-making and re-making of distinct conceptions of justice. Investigating the processes and frameworks through which certain ideas about justice have come to the political and social forefront in China today, this innovative work explains how these ideas are articulated through spoken performances and written expression by both the party-state and its citizenry.

Download or read book China Modernizes written by Randall Peerenboom and published by OUP Oxford. This book was released on 2007-01-25 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two sharply contrasting views of China exist today. On the one hand a rising superpower predicted to have the largest economy in the world by mid century, on the other hand a brutal, anachronistic and authoritarian regime, a threat to geo-stability and to the economies of the industrial world. So which China is the real China? Randall Peerenboom addresses this question by exploring China's economy, political and legal system, and most controversially, its record on civil, political and personal rights in the context of the developing world. Avoiding polemic and relying on empirical evidence, he compares China's performance not with first world countries such as the US and UK but with other middle income countries and highlights the often hypocritical stance of an international community which demands standards from others that it does not match at home. He also critically evaluates the benefits of globalisation and democratisation and the normative values of the West set against Beijing's determination to retain its cultural and political integrity. This book seeks to bridge the gap in understanding about China and to create a firmer foundation for mutual trust, while recognising that there are inevitable risks in a shift in global power of this magnitude that will require hard headed pragmatism at times where interests collide.

Download or read book Contemporary Chinese Politics written by Allen Carlson and published by Cambridge University Press. This book was released on 2010-07-29 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary Chinese Politics: Sources, Methods, and Field Strategies considers how new and diverse sources and methods are changing the study of Chinese politics. Contributors spanning three generations in China studies place their distinct qualitative and quantitative methodological approaches in the framework of the discipline and point to challenges or opportunities (or both) of adapting new sources and methods to the study of contemporary China. How can we more effectively use new sources and methods of data collection? How can we better integrate the study of Chinese politics into the discipline of political science, to the betterment of both? This comprehensive methodological survey will be of immense interest to graduate students heading into the field for the first time and experienced scholars looking to keep abreast of the state of the art in the study of Chinese politics.